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HomeMy WebLinkAboutG88-03 Ordinance No . G88-03 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CC1 CENTER CITY DISTRICT (28 NORTH GROVE) WHEREAS, written application has been made for a conditional use for a planned development to permit the establishment of a drive through facility in the CC1 Center City District at 28 North Grove Avenue; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That the City Council of the City of Elgin hereby adopts the Findings of Fact , dated August 21 , 2002 , made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2 . That a conditional use for a planned development to permit the establishment of a drive through facility in the CC1 Center City District at 28 North Grove Avenue and legally described as follows : PARCEL ONE: THAT PART OF LOT 3 IN BLOCK 20 OF THE ORIGINAL TOWN OF ELGIN ON THE EAST SIDE OF THE FOX RIVER DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF 21 FEET; THENCE NORTHWESTERLY TO THE POINT OF INTERSECTION OF A LINE DRAWN 29 FEET NORTHERLY OF (MEASURED AT RIGHT ANGLES) AND PARALLEL TO THE SOUTHERLY LINE OF SAID LOT 3, WITH A LINE DRAWN 20 FEET WESTERLY OF (MEASURED AT RIGHT ANGLES) AND PARALLEL TO THE EASTERLY LINE OF SAID LOT 3 : THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 129 . 19 FEET TO A POINT IN A LINE DRAWN 36 FEET NORTHERLY OF (MEASURED AT RIGHT ANGLES) AND PARALLEL TO THE SOUTHERLY LINE OF SAID LOT 3 , SAID POINT BEING 59 . 17 FEET WESTERLY (AS MEASURED ALONG SAID PARALLEL LINE) FROM THE EASTERLY LINE OF SAID LOT; THENCE CONTINUING ALONG SAID LINE MEASURED 36 FEET NORTHERLY OF AND PARALLEL TO THE SOUTHERLY LINE OF LOT 3 AFORESAID, 119 .42 FEET TO A POINT OF CURVE; THENCE WESTERLY 39 . 66 FEET ON A CURVE TO THE RIGHT HAVING A RADIUS OF 408 . 22 FEET TO A POINT 94 . 07 FEET SOUTHERLY OF (MEASURED AT RIGHT ANGLES) THE NORTHERLY LINE OF LOT 2 IN BLOCK 20 AFORESAID; THENCE WESTERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE 11 . 01 FEET TO A POINT IN THE EAST BANK OF FOX RIVER; WHICH POINT IS 93 . 01 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID LOT 2 ; THENCE SOUTHERLY ALONG THE EAST BANK OF FOX RIVER TO THE SOUTH LINE OF LOT 3 ; THENCE EASTERLY ON SAID SOUTHERLY LINE TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL TWO: THE NORTHERLY 16 FEET OF LOT 4 (EXCEPT THE EASTERLY 50 FEET) AND THE EASTERLY 50 FEET OF THE NORTHERLY 57 . 68 FEET OF LOT 4 IN SAID BLOCK 20 OF THE ORIGINAL TOWN OF ELGIN ON THE EAST SIDE OF THE FOX RIVER IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . PARCEL THREE: THAT PART OF LOT 4 IN BLOCK 20 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF FOX RIVER, DESCRIBED AS FOLLOWS : COMMENCING AT THE INTERSECTION OF A LINE 16 FEET SOUTHERLY OF, MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID LOT 4, WITH THE EASTERLY LINE OF SAID LOT 4, THENCE SOUTHWESTERLY ALONG SAID LINE 50 FEET FOR A PLACE OF BEGINNING; THENCE SOUTHEASTERLY PARALLEL WITH THE WESTERLY LINE OF NORTH GROVE AVENUE 41 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 4, 175 FEET TO THE EASTERLY BANK OF FOX RIVER; THENCE NORTHERLY ALONG SAID EASTERLY BANK 41 FEET TO A LINE DRAWN PARALLEL WITH AND 16 FEET SOUTHERLY OF, MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID LOT 4; THENCE NORTHEASTERLY ALONG SAID LINE 174 . 35 FEET TO THE PLACE OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 28 NORTH GROVE AVENUE) . be and is hereby granted subject to the following conditions : 1 . Substantial conformance with the Statement of Purpose and Conformance, prepared by Betty Murphy, dated August 26 , 2002 . eft. 2 . Substantial conformance with the Elgin Financial Savings Bank Parking Facility Reconstruction Plans, including the Street Level Plan, Lower Level Plan, Details Plan, Elevations, Rail Elevation and Details; Fence Gate Details, and Sign Schedule and Components, prepared by Walker Parking Consultants, dated October 3 , 2003 . 3 . Substantial conformance to the Building Elevations, prepared by R. Bruneman, dated August 26, 2002 . 4 . Submission of a recorded and executed reciprocal access agreement between the joint property owners prior to issuance of building permits . 5 . Compliance with all applicable codes and ordinances . Section 3 . That the following departures be and are hereby granted: 1 . A departure from section 19 .45 . 130 (E) Stacking Lanes to reduce the number of required stacking lanes from 12 to 6 . Section 4 . That the conditional use granted herein shall eft. expire if not established within two years from the date of passage of this ordinance . Section 5 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. / dir d c •ck, Mayor Presented: November 5 , 2003 Passed: November 5, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: November 6 , 2003 Published: Attest : rie-414- 42 Dolonna Mecum, City Clerk September 4, 2002 FINDINGS OF FACT • Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 25-02 Requesting a Conditional Use for a Planned Development in the CC1 Center City District;Property Located at 28 North Grove Avenue by Elgin Financial Savings Bank, as Applicant and Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CC1 Center City District Existing Use: Vacant Building Proposed Use Bank with a Drive Through Facility Property Location: 28 North Grove Avenue Applicant and Owner: Elgin Financial Savings Bank Staff Coordinator: Todd Wyatt, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Site Photos (see attached) F. Statement of Purpose and Conformance (see attached) • '* G. Development Plans (see attached) H. Draft Conditional Use Ordinance (see attached) 1. Correspondence (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board t Petition 25-02 September 4, 2002 BACKGROUND An application has been filed by Elgin Financial Savings Bank, requesting a conditional use for a planned development to permit the establishment of a drive through facility in the CC1 Center City District. The subject property is located at 28 North Grove Avenue(reference Exhibits A,B,C,D, and E). The applicant is proposing to renovate the existing building,reconstruct the existing parking deck, and to establish a bank with a drive through facility. The drive through will consist of a new teller booth with a canopy covering two drive through lanes. The establishment of a drive through facility requires conditional use approval in the CC1 Center City District. A one way down ramp will be constructed at the northwestern corner of the property in order to serve the underground parking lot. The purpose of the provisions which permit planned developments as a conditional use is to provide an ultimate element of flexibility in the zoning ordinance. Under these provisions,an applicant can literally request anything for the consideration of the Zoning Board and the City Council. ep. Accordingly,each request made under these provisions should be highly scrutinized with respect to the standards for planned developments. The applicant is requesting a departure from the stacking lane regulations for a drive through facility(reference Exhibits E, F, G, and H). This petition was continued from the July 3 and August 21,2002 meetings to allow the petitioner to come to an agreement with the property owner to the south. FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 25-02 on September 4, 2002. The applicant testified at the public hearing and presented documentary evidence in support of the application.No objectors to the petition appeared at the public hearing. The Community Development Group submitted a Conditional Use Review, dated August 26, 2002. The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for a conditional use for a planned development: A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use for a planned development, with respect to its size, shape and any existing improvements. - 2 - ow Findings of Fact Zoning and Subdivision Hearing Board Petition 25-02 September 4, 2002 Findings: The subject property is suitable for the proposed planned development with respect to the site characteristics standard. The subject property is an irregularly shaped parcel containing approximately 13,200 square feet of lot area.The property is improved with a two(2)story, 12,400 square foot structure, an accessory off street parking lot at street level, and an underground parking deck. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the availability of adequate water, sanitary treatment and stormwater control facilities_ Findings: The subject property is suitable for the proposed planned development with respect to the sewer and water standard. The subject property is served with municipal water,sanitary sewer,and storm water control facilities. C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the provision of safe and efficient on site and off site vehicular circulation designed to minimize traffic congestion. Findings: The subject property is suitable for the proposed planned development with respect to the traffic and parking standard. The subject property is located at the intersection of Highland Avenue, Grove Avenue and Riverside Drive.Highland Avenue is an arterial road which serves as a connection between the east and west sides of Elgin. Grove Avenue is a collector street which serves the center city between Highland Avenue and National Street.Riverside Drive is a local street which serves the businesses located between Grove Avenue and the Fox River. The zoning ordinance requires drive through facilities to provide a minimum of ten (10) stacking spaces for the first window or service area, plus two (2) stacking spaces for each additional window or service area.The stacking lane requirements were adopted primarily to ensure adequate stacking lanes for drive through restaurants with one service window. The proposed drive through is for a bank with two (2) drive through lanes. There are six (6) stacking spaces proposed,which should be adequate to serve the two(2)drive through lanes. Land uses located within the CC 1 Center City District are not required to provide off-street parking. A municipal parking lot is located to the northeast of the subject property, across Highland Avenue. - 3 - ' Findings of Fact Zoning and Subdivision Hearing Board Petition 25-02 September 4, 2002 D. Zoning History Standard.The suitability of the subject property for the proposed planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings: The subject property is suitable for the intended conditional use for a planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district.The subject property was zoned as follows for the years listed: 1927: E Commercial District 1950: E Commercial District 1960: E Commercial District 1962: B2 Central Business District 1992: B2 Central Business District Present: CC1 Center City District E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for rik the intended conditional use for a planned development with respect to consistency and compatibility with surrounding Iand use and zoning. Findings: The subject property is suitable for the proposed planned development with respect to the surrounding land use and zoning standard. The property to the north is zoned CF Community Facility District and is developed with a post office. The property to the south is zoned CC1 Center City District and is developed with a bank. The properties to the east are zoned CC1 Center City District and are developed with commercial uses. The Fox River is located to the west of the subject property. F. Trend of Development Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings: The subject property is suitable for the proposed planned development with respect to the trend of development standard. - 4 - piik Findings of Fact Zoning and Subdivision Hearing Board Petition 25-02 September 4, 2002 The central portion of the City has developed with a mix of business, residential, and institutional uses. The subject property is located within the traditional downtown, which continues on its course of revitalization. G. Conditional Use for a Planned Development Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent of planned developments. No conditional use for a planned development should be granted for the sole purpose of introducing a land use not otherwise permitted on the subject property. The purpose and intent of the provisions for planned developments is to accommodate unique development situations. For planned developments as a conditional use,the planned development should demonstrate the following characteristics: 1_ An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public, that would not be possible under the strict application of the other chapters of this title. 2. The public benefit realized by the establishment of the planned development is greater than if the property were to remain subject to the standard requirements of the zoning district in which it is located. 3. Extraordinary conditions or limitations governing site design, function, operation, and traffic are imposed on the planned development. Findings: The subject property is suitable for the intended conditional use for a planned development with respect to conformance to the purpose and intent of a conditional use for a planned development. The proposed planned development will allow for the establishment of a drive through which would not be permitted without conditional use approval. The applicant is proposing additional landscaping planters and a screen for the refuse collection area which will enhance the property. H. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings: The subject property is suitable for the proposed planned development with regard to the comprehensive plan standard. - 5 - rFindings of Fact Zoning and Subdivision Hearing Board Petition 25-02 September 4, 2002 The Official Comprehensive Plan designates the subject property as a Adowntown commercial center.@ I. Natural Preservation Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the preservation of all significant natural features including topography,watercourses,wetlands, and vegetation. Findings:The subject property is suitable for the proposed planned development with regard to the natural preservation standard. There are no natural features on the site. J. Internal Land Use Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings:The subject property is suitable for the proposed planned development with regard to the internal land use standard. No evidence has been submitted or found that the proposed planned development will be located,designed,or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards,regulations, requirements, and procedures of the Elgin Zoning Ordinance. The applicant is requesting the following departure from the standard requirements of the CC 1 Center City District: Section 19.45.130(E)Stacking Lanes. Drive through facilities shall provide a minimum of ten(10)stacking spaces for the first window or service area,plus two(2)stacking spaces for each additional window or service area. The applicant is proposing to provide a total of six (6)stacking spaces for two windows, a filly percent (50%) departure. SUMMARY OF FINDINGS, UNRESOLVED ISSUES, AND ALTERNATIVES /�.. t" The Zoning and Subdivision Hearing Board has developed or identified the following findings, unresolved issues, and alternatives: - 6 - • Findings of Fact Zoning and Subdivision Hearing Board Petition 25-02 September 4, 2002 A. Summary of Findings. 1. Positive Attributes. The establishment of a drive through facility will provide the residents of the community who are customers of the bank with improved service.New landscape planters and a screen for the refuse collection area are being proposed,which will visually enhance the site.The renovation of the lower level parking lot will allow for twenty-four(24)parking spaces to be utilized by employees,who would otherwise park in the public parking facility located northeast of the site. Additionally, it has been determined that the condition of the existing parking deck is unsafe. Reconstruction of the existing parking deck will alleviate the safety concerns. 2. General. The applicant is proposing to improve the existing interior of the building and reconstruct the entire parking structure,which will include the addition of two (2)drive through lanes. The proposed parking lot will be reconfigured, and in doing so the cross access point which connects Bank One's parking lot to the applicant's property will be closed.The Highland Avenue access point will be restricted to entrance only with two(2) lanes for drive through traffic and one (1) lane for the ramp leading to the underground employee parking lot. Customer traffic will enter from Highland and exit onto Riverside Drive.Employees of the bank will enter the underground parking lot from Highland and exit onto Chicago Avenue. 3. Conditional Use for a Planned Development. The proposed planned development will allow for the establishment of a drive through which would not be permitted without planned development approval. The applicant is proposing additional landscaping planters and a screen for the refuse collection area which will enhance the property. 4. Internal Land Use. The stacking lane requirements were adopted primarily to ensure adequate stacking lanes for drive through restaurants with one(1) service window. The proposed drive through is for a bank with two (2)drive through lanes. There are six (6) stacking spaces proposed, which should be adequate to serve the two (2)drive through lanes. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than an approval, a denial,or an approval with some combination of conditions,there are no substantive alternatives. - 7 - Findings of Fact Zoning and Subdivision Hearing Board r Petition 25-02 September 4, 2002 RECOMMENDATION The Zoning and Subdivision Hearing Board recommends the approval of Petition 25-02, subject to the following conditions. On a motion to recommend approval of the conditional use,subject to the following conditions, the vote was five (5)yes and zero (0)no: 1. Substantial conformance with the Statement of Purpose and Conformance,prepared by Betty Murphy, dated August 26,2002. 2. Substantial conformance with the Site Plan,prepared by Walker Parking Consultants, dated August 26, 2002. 3. Substantial conformance to the Building Elevations,prepared by R.Bruneman,dated August 26, 2002. 4. Submission of a recorded and executed reciprocal access agreement between the joint property owners prior to issuance of building permits. elibk 5. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend the approval of Petition 25-02 was adopted. Respectfully Submitted, /€041// Robert Langlois, Chairman Pro Tem Zoning and Subdivision Hearing Board David Sundland, Secretary Zoning and Subdivision Hearing Board eik - 8 -